La Mesa CA Guardianship Attorney
We handle all types of guardianships, child custody proceedings, and juvenile dependency cases. This office handles guardianships in La Mesa, San Diego, CA and child abuse and neglect (juvenile dependency) cases.
We also handle writs and appeals from guardianship, juvenile dependency cases and family law cases. Ms. Klein has been practicing guardianship law in San Diego County since 1989 and has represented parents, relatives, foster parents and children in all of these types of matters. Ms.Klein knows how CPS, Child Protective Services in San Diego, works after dealing with them for so many years.
If you are involved in a guardianship situation, you should ask for help from our San Diego office, since so much is at stake. To clarify, guardianship occurs whenever the court orders wants to appoint someone to be responsible for children instead their parents. This could mean that the Guardian has custody, or takes care of the child's property. In San Diego, these guardianship cases are requested by the person that wants to be the guardian, or by someone else in the family asking the court to appoint a guardian. If Child Protective Services (CPS) is involved in your case, you probably have to go to the juvenile court to find out what you can do.
A guardian takes care of for the child's care, including the clothing, food, a place to live, and assistance from any physical or emotional growth. Guardians also handle medical and dental care, education, and any special needs.
According to the San Diego Courts and the State of California Court system, if a guardianship of the estate is needed, it is best to use a lawyer to set it up, and to represent the guardian of the estate.
This is because the fiduciary duty (this is the highest duty the law recognizes) owed by the guardian to the child requires that all the laws and rules be followed, and that the child’s assets (property) be protected. A lawyer can make sure that the A type of guardianship called guardianship of the estate is needed to manage a child's property when children or child owns or receives valuable property, for example if a child inherited a large amount of money or real estate.
The attorney is compensated from the estate with approval from the court so there is protection for the child.
San Diego Guardianship Law
A few details.
A probate guardianship of the person may be appointed so that a guardian can take care of the physical, emotional, and educational needs of a child. A probate guardian of estate may be established when a child has assets, will inherit assets, or is the beneficiary of a deceased parent's insurance policy. Most guardianships are of person only. In some cases, there is a guardianship of both person and estate. Guardianship Appointment Hearings As soon as a petition for probate guardianship is filed, a court investigator goes out to the home of the child to see why the guardianship is needed. The investigator interviews everyone in the situation, including the parents if they are available. Many times, parents think a guardianship is the best thing for their child, at least for a while. The Probate Court staff also checks to see if the guardian or any other adults in the household has a criminal background or has been involved in child abuse or neglect. The investigator then writes a confidential report for the Judge and gives a copy to the attorney who is representing the proposed guardian. The parents or other relatives receive a copy of the report if they file objections to the proposed guardianship. The Judge may decide to appoint an attorney to represent the child – especially if there is a lot of conflict among the adults. When the appointment hearing date arrives, the proposed guardian and the child must come to Court. Guardianship appointment hearings are held on Tuesday afternoons. A short film that outlines the responsibilities of the guardian is shown first. Then the Judge listens to the people in each case. Sometimes parents object to the proposed guardianship or to the proposed guardian. The Judge may decide to appoint a guardian to care for the child but also may require that the guardian and parents have a visitation schedule. If they are in conflict and cannot agree on the arrangements, the Judge may refer the case to a mediator who can help everyone work out their differences. The mediator is trained by the Court and does not charge a fee. Sometimes there is concern that a parent who wants to spend time with the child may have abused the child. In those cases, supervised visitation may be needed. The Probate Court can help arrange that service. After a Guardian has been Appointed The Probate Court continues to be concerned about the child. All guardians are required to submit a yearly Status Report form which has questions about how the child is doing. The form is sent to the guardian by the Probate Court along with a return envelope. In addition, the Probate Court sends out trained and supervised volunteers periodically to see how the child is doing and to determine if the guardian needs help. When there is guardianship of the estate, the guardian must submit regular accountings to the Court for review by the probate examiners.